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Criminal Law

: Crime & Federalism

Pottawattamie County v. McGhee: Reversal Hurts

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[Editor: In Pottawattamie County v. McGhee, the most interesting Section 1983 this Term, the Supreme Court will determine whether a prosecutor who manufactured evidence should be held liable for money damages. An amicus brief, filed on behalf of state and federal prosecutors, is unpersuasive. In three separate posts, we'll examine why. Below is the second post. Click here for the first; here for the third.]Another argument in the Brief is especially weak. The Brief states: The trial process itself also functions as a significant check on prosecutorial misconduct, because the adversarial system ensures that a prosecutor?s allegations and conduct are contested. Reversal on appeal acts as an additional sanction, and an effective one. See James S...continue to full post

Full post as published by Crime & Federalism on September 10, 2009 (boomark / email).

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